Terms of service
The legal agreement governing access to and use of Parkday's website, mobile app, and related services.
1. Acceptance of Terms
1.1 These Terms of Service ("Terms") are a legally binding agreement between you ("you," "your," or "User") and Parkday, Inc. ("Parkday," "we," "us," or "our") governing your access to and use of our website, mobile application, and related services (collectively, the "Service").
1.2 You accept these Terms by clicking "Agree," "Continue," or a similar button that references them when you create an account, sign in, or are shown updated Terms. Our Privacy Policy and our Food Safety & Allergens page are incorporated into these Terms by reference. If you do not agree, you may not use the Service.
1.3 We keep a record of your acceptance, including the version of these Terms you accepted and when you accepted it.
2. Nature of the Service
2.1 Parkday facilitates the discovery and reservation of meals from participating restaurant partners on behalf of corporate clients. Employees of those clients ("Users") may reserve meals through the Service under their employer's meal benefit plan.
2.2 Parkday does not prepare or cook food. We coordinate delivery logistics and help curate menus with restaurants, but food preparation, ingredient sourcing, handling practices, and compliance with food safety laws are the responsibility of the restaurant.
2.3 Restaurant partners are independent businesses, not employees, agents, or subcontractors of Parkday.
3. Eligibility, Accounts, and Your Employer
3.1 The Service is available only to individuals at least 18 years of age who are authorized by a participating employer. By using the Service, you represent that you meet these requirements.
3.2 You agree to provide accurate information when registering and to keep it up to date. You are responsible for keeping your login credentials confidential and for all activity under your account. You may not share your account.
3.3 You may access the Service using your organization's single sign-on (SSO) credentials, including Google SSO, where available.
3.4 Your access depends on your employer's agreement with Parkday. Your employer may set allowances, schedules, and program rules, and may end your access at any time. Your access ends automatically if your employment ends or your employer's program ends. Your employer may receive reports about your use of the Service, as described in our Privacy Policy.
4. Allergens, Dietary Information, and Food Safety
4.1 Parkday uses proprietary technology, including artificial intelligence and preference data you provide, to flag potential allergens and dietary concerns based on information supplied by restaurants.
4.2 We make reasonable efforts to display accurate ingredient, allergen, and dietary information, but we do not guarantee that it is accurate or complete. Recipes can change, cross-contact can occur in restaurant kitchens, and meals may differ from their descriptions.
4.3 You are responsible for deciding whether a meal is safe and appropriate for you. If you have a food allergy, dietary restriction, or medical concern, do not rely solely on the Service. Verify ingredients directly with the restaurant when in doubt. If you experience a severe allergic reaction, call 911 or your local emergency number immediately.
4.4 Once a meal is delivered, you are responsible for how it is stored and handled. Perishable food should be eaten promptly and should not be left at room temperature for more than two hours. Parkday and its restaurant partners are not responsible for food left unattended or unrefrigerated after delivery.
4.5 If you believe a meal made you ill or contained an undisclosed allergen, report it to app@heyparkday.com as soon as possible. We may share your report with the restaurant and public health authorities to investigate.
4.6 To generate recommendations and allergen flags, dietary preference and allergy information you provide may be processed by third-party AI service providers acting on Parkday's behalf, as described in our Privacy Policy. These providers are bound by confidentiality and security obligations and may not use your information for their own purposes, including model training.
5. Orders and Billing
5.1 You may reserve meals through the Service within the scope of your employer's meal benefit agreement. Parkday does not collect payments from Users unless expressly agreed otherwise.
5.2 Billing is handled between Parkday and your employer. Reservation data is aggregated and invoiced to your employer.
5.3 Parkday may limit availability, cancel reservations, or modify menus for operational, safety, or compliance reasons.
6. Refunds and Meal Corrections
6.1 If a meal is materially delayed, incorrect, or incomplete due to Parkday or a restaurant partner, Parkday may, at its discretion: (a) provide a replacement meal of comparable value; or (b) credit the invoiced amount for the affected meal on your employer's invoice.
6.2 Parkday does not issue refunds directly to Users.
7. Restaurant Partners
Restaurant partners participate under separate agreements with Parkday that require them to hold required permits, follow food safety laws, provide accurate allergen information, carry insurance, and take responsibility for the food they prepare.
8. User Content and Feedback
8.1 You may submit feedback, reviews, ratings, or other content. By submitting it, you grant Parkday a perpetual, non-exclusive, royalty-free, transferable license to use, reproduce, modify, and display it in connection with the Service.
8.2 You represent that you have the right to submit your content and that it does not violate any law or third-party right. We may remove content at our discretion.
9. Intellectual Property
9.1 All content on the Service, including logos, text, graphics, software, and trademarks, is owned by Parkday or its licensors and protected by intellectual property laws.
9.2 You receive a limited, non-exclusive, non-transferable, revocable right to use the Service solely in connection with your authorized employee meal benefit.
9.3 If you use our mobile app, Apple Inc. and Google LLC are not parties to these Terms and have no responsibility for the app or its content. Your use of the app must also comply with the applicable app store's terms.
10. Prohibited Conduct
You agree not to:
- Use the Service in violation of any law or regulation
- Share your account or reserve meals for anyone not authorized by your employer
- Resell meals obtained through the Service
- Interfere with or disrupt the Service, or attempt to gain unauthorized access to it
- Access, scrape, or copy the Service using bots or automated methods
- Reverse engineer or decompile any part of the Service, except where the law permits it
- Misrepresent your identity or affiliation
- Upload malicious code or unlawful content
- Harass or abuse couriers, restaurant staff, or Parkday personnel
11. Communications
You agree that Parkday may send you service-related emails and in-app or push notifications about your orders and account. We will send marketing messages only as permitted by law, and you may opt out at any time. We will send text messages only if you opt in.
12. Disclaimer of Warranties
The Service is provided "as is" and "as available." To the maximum extent permitted by law, Parkday disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.
13. Limitation of Liability
13.1 To the maximum extent permitted by law, Parkday will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of data or revenue, even if advised of their possibility.
13.2 Parkday's total liability for all claims relating to the Service will not exceed the greater of the invoiced value of the meal or meals giving rise to the claim or one hundred U.S. dollars ($100).
13.3 Nothing in these Terms limits liability for death or personal injury caused by Parkday's gross negligence or willful misconduct, or any other liability that cannot be limited under applicable law.
14. Indemnification
You will indemnify and hold harmless Parkday and its officers, employees, and agents from third-party claims arising from your violation of these Terms or misuse of the Service.
15. Suspension and Termination
We may suspend or terminate your access if you violate these Terms, if your employer ends your access or its program, or if needed to protect the Service, other Users, or restaurant partners. You may stop using the Service at any time.
16. Force Majeure
Parkday is not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, severe weather, strikes, transportation disruptions, pandemics, technical outages, or restaurant closures.
17. Dispute Resolution, Governing Law, and Venue
17.1 Before filing any claim, you agree to contact us at app@heyparkday.com and give us thirty (30) days to try to resolve it informally.
17.2 These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute will be resolved exclusively in the state or federal courts located in New York County, New York, unless otherwise agreed in a separate commercial agreement.
18. Changes to These Terms
We may update these Terms. For material changes, we will notify you by email or in the app and may ask you to accept the updated Terms before continuing to use the Service. For other changes, your continued use after the updated Terms are posted constitutes acceptance. The current version will always be posted with its effective date.
19. Assignment
You may not assign your rights or obligations under these Terms without our written consent. Parkday may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, change of control, or sale of assets.
20. General
20.1 Survival. Provisions that by their nature should survive termination will survive, including those on content licenses, disclaimers, limitations of liability, indemnification, and disputes.
20.2 Severability. If any provision is held unenforceable, the remaining provisions remain in effect.
20.3 No waiver. Our failure to enforce a provision is not a waiver of it.
20.4 Entire agreement. These Terms, with the Privacy Policy and Food Safety & Allergens page, are the entire agreement between you and Parkday regarding the Service.
21. Contact
Questions about these Terms: app@heyparkday.com
